Child Custody

 
 

Custody and parenting time issues may be part of a divorce case or a separate custody case if co-parents are unmarried. Either parent can file a Petition to Establish Custody, Parenting Time and Child Support. The parent who files the petition is called the petitioner. The other parent is called the respondent. After the petition is served on the respondent, the respondent has thirty days to file a response with the court. If the respondent fails to file a timely response, the petitioner can obtain a default general judgment against the respondent. Anyone served with a petition regarding custody, parenting time, and/or child support should contact a custody lawyer as soon as possible.

What does legal custody actually mean?

Under Oregon law, “custody” refers to legal custody. Legal custody determines who will have final authority to make major decisions. Major decisions include, but are not limited to the child's religion, education, health care, and where the child lives. Two common types of custody in Oregon are joint custody and sole custody. Parents must agree to joint legal custody; the court cannot order joint legal custody over the objection of either parent. If the issue of custody is litigated, the judge will order sole legal custody to one parent. There is no age at which a child can “choose” the custodial parent. In some cases, the court will appoint an attorney for a minor child to represent the child’s interest.

 A judge's primary consideration in awarding custody is based on the best interests of the child. The court will base its determination on these factors:

  • The emotional ties between the child and other family members

  • The parents’ attitude toward and interest in the child

  • The desirability of continuing an existing relationship

  • The abuse of one parent by the other

  • The child’s preference for the primary caregiver if that caregiver is deemed fit 

  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child

A judge cannot give custody to a parent just because the parent is the mother or father of the child. Also, the judge will consider the conduct, marital status, income, social environment or lifestyle of a parent only if it is shown that those factors are causing or may cause emotional or physical harm to the child. Judges usually are reluctant to separate siblings.


Parenting Time under Oregon Law

Parenting time addresses when the children will be in the care of each parent. A parenting plan, whether agreed to by the parents or ordered by the court, must spell out the minimum amount of time each parent will have with a child. In many counties in Oregon, before a court will make a decision regarding custody or parenting time, the court requires the parents to attempt to work out a plan through mediation. If the parents cannot agree, the court will make parenting time decisions.

Under Oregon family law, no matter who has custody, usually both parents have the right to access the child’s school, medical, dental, police and counseling records. Most of the time, both parents are able to authorize emergency medical care. In addition, Oregon law requires most parenting plans to restrict a party from moving more than 60 miles from the other parent without notifying the other parent and the court before the move.

A parenting plan may be changed if it is in the best interests of the child.

Child Support under Oregon Law

The Oregon Child Support Program, which is part of the Oregon DOJ Division of Child Support, strictly adheres to a set of program and guideline administrative rules, authorized by the Oregon legislature, for all child support cases.

·       Program rules – Ensure that every action and administrative policy applied by the Oregon Child Support Program is consistent with federal and state law.

·       Guideline rules – Determine how much money each parent should contribute for the care of their child.

In Oregon, most parents pay child support by payroll deduction.  Employers withhold the support amount from the paycheck of parents who pay support and forward it to the Oregon Child Support Program. The Oregon Child Support Program passes the payment along to the parent receiving support.  Employers may charge a fee of up to $5 a month per case to the employee.  There are other options for child support payment arrangements which a custody lawyer can explain. 

The family law attorneys at DBMA Family Law Group are highly experienced in the area of Oregon family law.  Whether it is an uncontested matter requiring an attorney to draft pleadings, or a highly contested, complex family law dispute, or anything in between, DBMA Family Law Group provides superior legal services to resolve all manner of family law disputes.